Legal Question in Business Law in California

I was hired as a commissioned salesman with a specific territory. There is no written contract. I was promised at the time of hiring that there would be no "house" accounts, that all sales in the territory would be credited and commission paid to me.

Now, with a new Manager, certain sales are not credited to me. In addition the territory promised to me is slightly smaller than agreed upon.

Do they owe me commission for all sales in the territory?


Asked on 6/08/10, 1:52 pm

2 Answers from Attorneys

Without a written contract, you are an at will employee. Therefore they can change the terms and conditions of your employment at will. Unless the action is taken for illegal discriminatory reasons (race, gender, etc.) or for whistle blowing, your only remedy is to find a new job.

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Answered on 6/08/10, 10:55 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. Without a written contract, the terms and conditions of your job can be changed by the employer at any time. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/09/10, 7:02 am


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